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Re: IPR Questions Raised by Sam Hartman at the IETF 73 Plenary

2008-12-12 16:44:51
Simon,

Yes, the Trust will need to issue a license that's retroactive
for contributions whose authors have issued a retroactive
grant. But I have considerable confidence that Jorge knows
how to do that.

    Brian

On 2008-12-13 10:00, Simon Josefsson wrote:
Brian E Carpenter <brian(_dot_)e(_dot_)carpenter(_at_)gmail(_dot_)com> writes:

On 2008-12-13 08:20, Russ Housley wrote:
At 01:28 PM 12/12/2008, Simon Josefsson wrote:

As far as I understand, I can no longer take RFC 4398, fix some
minor problem, and re-submit it as a RFC 4398bis.  Even though I was
editor of RFC 4398.  The reason is that some material in that document
was written by others.  At least, I cannot do this, without getting
permission from the other people who wrote the initial document.  I wish
this is mistaken and that someone can explain how to reconcile this
example with what Russ wrote.
Correct.  RFC 5378 imposes this burden on the contributor.  All of the
rights needed to make updates to the document within the IETF Standards
Process are clearly already available, but the contributor is required
to obtain the additional rights that are required by RFC 5378.
Formally yes. But the Trust can take the sting out of this by
a vigorous effort to get former contributors to sign over the
necessary rights, and by providing a convenient method for
this to be done.

Really?

As far as I read the form in [1], it will give the IETF Trust the rights
to your document.  It does not give IETF participants any rights.  And
it is the IETF participants that will need to be able to grant the Trust
these rights in order to submit a document, according to RFC 5378.

What appears to be missing is a grant from the IETF Trust to IETF
Participants for the documents signed over to them using the form.

The legal provisions in [2] does not appear to provide this grant-back.
It only grants rights to IETF participants to documents that are
submitted after the effective date:

  The licenses granted by the IETF Trust pursuant to these Legal
  Provisions apply only with respect to (i) IETF Contributions
  (including Internet-Drafts) that are submitted to the IETF following
  the Effective Date, and (ii) IETF RFCs and other IETF Documents that
  are published after the Effective Date.

Further:

  d.  In most cases, rights to Pre-Existing IETF Documents that are not
  expressly granted under these RFCs can only be obtained by requesting
  such rights directly from the document authors. The IETF Trust and the
  Internet Society do not become involved in making such requests to
  document authors.

/Simon

[1]
http://trustee.ietf.org/docs/Contributor_Non-Exclusive_License_RFC5378.pdf

[2]
http://trustee.ietf.org/docs/IETF-Trust-License-Policy.pdf

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